NOLAN, J.
The sole issue in this appeal of the Commonwealth from the allowance of a motion to dismiss is whether, under the United States Constitution or the Massachusetts Constitution, an arrested person has a due process right to counsel prior to deciding whether to take a breathalyzer test. Admittedly, there is no statutory right. We hold that there is no such constitutional right.
The defendant was arrested on June 13, 1987, for operating under the influence...
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